"We're just a mom-and-pop little
roastery," said Annie Clark, who with her husband, Jim, owns Black Bear
Micro Roastery in Tuftonboro. They were sued in 2001 in federal district
court in New York by Starbucks, which alleged Black Bear's use of the
name "Charbucks" infringed, blurred and tarnished its famous trademarks.

Starbucks
appealed to the 2nd U.S. Court Circuit Court of Appeals after Black
Bear prevailed in district court. The appeals court agreed with the
district court in a decision Friday, saying Starbucks didn't prove its
case.

Charbucks, introduced in 1997, is Black Bear's darkest roast
coffee. The appeals court noted that "one of the reasons Black Bear
used the term 'Charbucks' was the public perception that Starbucks
roasted its beans unusually darkly." But it agreed with the district
court in finding minimal similarity and weak evidence of actual
association between the brands.

"Their sales haven't been hurt,"
Clark said, noting that Black Bear's haven't changed much over the
years. "Their growth hasn't been hurt."